A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 17, 2011, the Defendant received a summary order of KRW 2,50,000,000 from the Gwangju District Court to a crime of violating the Road Traffic Act (drinking), and on February 9, 2012, the same court issued a fine of KRW 3 million for the same crime, etc.

On November 25, 2017, at around 23:34, the Defendant driven a cpoter cargo vehicle under the influence of alcohol content of approximately 0.184% from a section of about 1km in the ecological tunnel in the same city, from the front side of the agricultural road in the same city, to the road in front of the ecological tunnel in the same city.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. To inquire about criminal history, and to the application of Part II Acts and subordinate statutes of a summary order;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act to mitigate amount of punishment (including the fact that the defendant has no record of punishment of imprisonment without prison labor or any heavier punishment for the same crime);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Social Service Order Criminal Act requires a comprehensive consideration of various circumstances shown in the arguments of this case, such as the Defendant’s age, sexual conduct, family relationship, environment, circumstances after the commission of the crime, etc., that there are many criminal convictions of the same kind in sentencing, the higher alcohol concentration in blood, the Defendant’s reflectiveness, the Defendant’s absence of criminal convictions of imprisonment without prison labor or more, and the Defendant’s age, sexual conduct, family relationship, environment, crime history and result